1 Answer from Attorneys

Assuming you qualify for FMLA leave, there is no "waiting period." However, since this leave is for a different reason (i.e., a different surgical procedure), you would need to go through the process of applying for FMLA leave through your employer again. The doctor who is performing your surgery will need to complete a Certification of Health Care Provider form and you must submit that form to your employer. Covered employees are entitled to take a total of up to 12 weeks of unpaid, job-protected leave for "serious health conditions" under the FMLA in a rolling 12-month period.